HomeMy WebLinkAboutOrdinances (O-24-2301)-10/15/2024ORDINANCE 0-24-2301
AN ORDINANCE AMENDING AND RESTATING CHAPTER 98, ARTICLE
V. - PUBLICLY OWNED TREATMENT WORKS, APPROVING UNIFORM
REQUIREMENTS FOR USERS OF THE PUBLICLY OWNED TREATMENT
WORKS (POWTs) FOR THE CITY OF COLLEYVILLE, AND PROVIDING
FOR ENFORCEMENT AND COMPLIANCE WITH ALL APPLICABLE
STATE AND FEDERAL LAWS
WHEREAS, The City of Colleyville, Texas is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, The City Council of the City of Colleyville deems it necessary
to adopt legislation approving uniform requirements for users
of the Publicly Owned Treatment Works (POWTs) and provide
for compliance and enforcement of all applicable state and
federal laws.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City of Colleyville hereby replaces in its entirety
Ordinance 0-03-1393, and approves by this Ordinance,
uniform requirements for users of the publicly owned
treatment works for the City of Colleyville, and provides for
enforcement of, and compliance to, all stated and federal
laws.
Sec. 2. THAT Chapter 98, Article V - Publicly Owned Treatment
Works, is hereby amended and restated in its entirety to read
as follows:
ARTICLE V. - PUBLICLY OWNED TREATMENT WORKS
DIVISION 1. - GENERAL PROVISIONS
Sec. 98-131. - Purpose and Policy
This article sets forth uniform requirements for users of the Publicly Owned
Treatment Works for the City of Colleyville and enables the City to comply
with all applicable State and Federal laws, including the Clean Water Act
(33 United States Code §§ 1251 et seq.) and the General Pretreatment
Regulations (40 Code of Federal Regulations Part 403). The objectives of
this article are:
(1) To prevent the introduction of pollutants into the Publicly
Owned Treatment Works that will interfere with its operation;
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(2) To prevent the introduction of pollutants into the Publicly
Owned Treatment Works that will pass through the Publicly
Owned Treatment Works, inadequately treated, into receiving
waters, or otherwise be incompatible with the Publicly Owned
Treatment Works;
(3) To protect both Publicly Owned Treatment Works personnel
who may be affected by wastewater and sludge in the course
of their employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and
sludge from the Publicly Owned Treatment Works;
(5) To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the Publicly
Owned Treatment Works; and
(6) To enable the Control Authority to comply with its National
Pollutant Discharge Elimination System permit conditions,
sludge use and disposal requirements, and any other Federal or
State laws to which the Publicly Owned Treatment Works is
subject.
This article shall apply to all users of the Publicly Owned Treatment Works.
The article authorizes the issuance of wastewater discharge permits;
provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting; and
provides for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
Sec. 98-132. - Administration
Except as otherwise provided herein, the Director of Public Works (the
"Director") shall administer, implement, and enforce the provisions of this
article. Any powers granted to or duties imposed upon the Director may be
delegated by the Director to other City personnel.
Sec. 98-133. - Abbreviations
The following abbreviations, when used in this article, shall have the
designated meanings:
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•
BOD
- Biochemical Oxygen Demand
•
BMP
- Best Management Practice
•
BMR
- Baseline Monitoring Report
•
CFR
- Code of Federal Regulations
•
CIU
- Categorical Industrial User
•
COD
- Chemical Oxygen Demand
•
EPA
- U.S. Environmental Protection Agency
•
gpd
- gallons per day
•
IU
- Industrial User
•
mg/I
- milligrams per liter
•
NAICS- North American Industrial Classification System
•
NPDES-
National Pollutant Discharge Elimination System
•
NSCIU- Non -Significant Categorical Industrial User
•
POTW- Publicly Owned Treatment Works
•
RCRA
- Resource Conservation and Recovery Act
•
SIC
- Standard Industrial Classification
•
SIU
- Significant Industrial User
•
SNC
- Significant Noncompliance
•
TCEQ
- Texas Commission on Environmental Quality
•
TPDES — Texas Pollutant Discharge Elimination System
•
TRA
- Trinity River Authority
•
TSS
- Total Suspended Solids
•
TTO
- Total Toxic Organics
•
U.S.C.
- United States Code
Sec. 98-134. - Definitions
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this article, shall have the meanings hereinafter
designated.
Act or "the Act." The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Approval Authority. The Executive Director of the Texas Commission on
Environmental Quality (TCEQ) where the state has been delegated NPDES
permit authority and has an approved pretreatment program.
Authorized Representative of the User.
(1) If the user is a corporation:
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(a) The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function,
or any other person who performs similar policy or
decision -making functions for the corporation; or
(b) The manager of one or more manufacturing, production,
or operating facilities, provided the manager is authorized
to make management decisions that govern the operation
of the regulated facility including having the explicit or
implicit duty of making major capital investment
recommendations, and initiate and direct other
comprehensive measures to assure long-term
environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are
established or actions taken to gather complete and
accurate information for individual wastewater discharge
permit requirements; and where authority to sign
documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) If the user is a partnership, limited partnership, or sole
proprietorship: a general partner, managing partner, or
proprietor, respectively.
(3) If the user is a limited liability company: a managing member
or any other person who performs similar policy or decision -
making functions for the company.
(4) If the user is a Federal, State, or Local governmental facility: a
Director or highest official appointed or designated to oversee
the operation and performance of the activities of the
government facility, or their designee.
(5) The individuals described in paragraphs (1) through (4), above,
may designate another authorized representative if the
authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the
facility from which the discharge originates, or having overall
responsibility for environmental matters for the company, and
the written authorization is submitted to the city.
Best Management Practices or BMPs. Means schedules of activities,
prohibitions of practices, maintenance procedures, and other
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management practices to implement the prohibitions listed in section 98-
135 (A) and (B) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment
requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedures for five (5) days at 200 centigrade, usually expressed as a
concentration (e.g., mg/1).
Categorical Industrial User (CIU). An Industrial User subject to a
Categorical Pretreatment Standard or Categorical Standard.
Categorical Pretreatment Standard or Categorical Standard. Any
regulation containing pollutant discharge limits promulgated by EPA in
accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317)
which apply to a specific category of users and which appear in 40 CFR
Chapter I, Subchapter N, Parts 405 - 471.
City. The City of Colleyville, including the City Council. Except as
otherwise provided in this article, when notice to the City is required,
notice shall be effective only when delivered to the Mayor, City Manager,
or other person(s) as may be authorized in writing to receive notice by
the Mayor or City Manager.
Composite Sample. A sample that is collected over time, formed either
by continuous sampling or by mixing discrete samples. The sample may
be composited either as a time composite sample: composed of discrete
sample aliquots collected at constant time intervals providing a sample
irrespective of stream flow; or as a flow proportional composite sample:
collected either as a constant sample volume at time intervals
proportional to flow, or collected by increasing the volume of each aliquot
as the flow increases while maintaining a constant time interval between
the aliquots.
Control Authority. Trinity River Authority of Texas as holder of the TPDES
permit.
Daily Maximum Limit. The maximum allowable discharge limit of a
pollutant during a calendar day. Where Daily Maximum Limits are
expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day. Where Daily Maximum Limits are
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expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived
from all measurements taken that day.
Director of Public Works or the Director. The person designated by the
City who is charged with certain duties and responsibilities by the article.
The term also means a duly authorized representative of the Director.
Environmental Protection Agency or EPA. The U.S. Environmental
Protection Agency or, where appropriate, the Regional Water
Management Division Director, or other duly authorized official of said
agency.
Existing Source. Any source of discharge, the construction or operation
of which commenced prior to the publication by the EPA of proposed
categorical pretreatment standards, which will be applicable to the
source if the standard is thereafter promulgated in accordance with
Section 307 of the Act.
Extrajurisdictional User. A User the City has determined requires a
permit to discharge, other than a local government, which is located
outside the jurisdiction of the City, and which discharges or plans to
discharge to the POTW.
Grab Sample. A sample which is taken from a wastestream without
regard to the flow in the wastestream and over a period of time not to
exceed fifteen (15) minutes.
Indirect Discharge or Discharge. The introduction of pollutants into the
POTW from any nondomestic source regulated under Section 307(b),
(c), or (d) of the Act.
Instantaneous Maximum Allowable Discharge Limit. The maximum
concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the
sampling event.
Interference. A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes, use, or
disposal; and therefore is a cause of a violation of the Control Authority's
NPDES or TPDES permit or of the prevention of sewage sludge use or
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disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder, or any more stringent state or
local regulations: Section 405 of the Act, the Solid Waste Disposal Act,
including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); 40 CFR pt. 503, sludge regulations; any State
regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
Medical Waste. Isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes,
and dialysis wastes.
Monthly Average. The sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured
during that month.
Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
New Source.
(1) Any building, structure, facility, or installation from which there
is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act, which
will be applicable to the source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is
constructed at a site at which no other source is located;
or
(b) The building, structure, facility, or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of
the building, structure, facility, or installation are
substantially independent of an existing source at the
same site. In determining whether these are substantially
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independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same
general type of activity as the existing source, should be
considered.
(2) Construction on a site at which an existing source is located
results in a modification rather than a new source if the
construction does not create a new building, structure, facility,
or installation meeting the criteria of Section (1)(b) or (c) above
but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite
construction program:
1. Any placement, assembly, or installation of facilities
or equipment; or
2. Significant site preparation work including clearing,
excavation, or removal of existing buildings,
structures, or facilities which is necessary for the
placement, assembly, or installation of new source
facilities or equipment; or
(b) Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options
to purchase or contracts which can be terminated or
modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
Noncontact Cooling Water. Water used for cooling which does not come
into direct contact with any raw material, intermediate product, waste
product, or finished product.
Normal Wastewater. Wastewater which the average concentration of
suspended solids and five-day BOD does not exceed 250 mg/I each.
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North American Industry Classification System (NAICS). A system used
by the Federal Government for collecting and organizing industry -related
statistics. The NAICS codes are updated every five years to stay current
with industry developments.
Pass Through. A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation of
any requirement of the Control Authority's NPDES or TPDES permit,
including an increase in the magnitude or duration of a violation.
Person. Any individual, partnership, co -partnership, firm, company,
corporation, association, joint stock company, trust, estate,
governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all Federal,
State, and local governmental entities.
PH. A measure of the acidity or alkalinity of a solution, expressed in
standard units.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, municipal, agricultural, and
industrial wastes, and certain characteristics of wastewater (e.g., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment. The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to, or in lieu of, introducing the pollutants into the
POTW. This reduction or alteration can be obtained by physical, chemical,
or biological processes, by process changes, or by other means, except
by diluting the concentration of the pollutants unless allowed by an
applicable pretreatment standard.
Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment
standard.
Pretreatment Standards or Standards. Pretreatment standards shall
mean prohibited discharge standards, categorical pretreatment
standards, and local limits.
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Process Wastewater. Water that comes into direct contact with or results
from the production or use of any raw material, intermediate product,
finished product, byproduct, waste product, or wastewater, and/or as
defined in a National Pretreatment Standard.
Prohibited Discharge Standards or Prohibited Discharges. Absolute
prohibitions against the discharge of certain substances; these
prohibitions appear in Section 98-135.
Publicly Owned Treatment Works or POTW. A "treatment works", as
defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by
the City and/or the Control Authority. This definition includes any devices
or systems used in the collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid nature and any
conveyances, which convey wastewater to a treatment plant.
Septic Tank Waste. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
Sewage. Human excrement and gray water (household showers,
dishwashing operations, etc.).
Shall is mandatory; May is permissive (including lowercase usage of
these terms).
Significant Industrial User.
(1) SIUs
(a) A user subject to categorical pretreatment standards; or
(b) A user that:
1. Discharges an average of twenty-five thousand
(25,000) gpd or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and
boiler blowdown wastewater);
2. Contributes a process wastestream which makes up
five (5) percent or more of the average dry weather
hydraulic or organic capacity of the POTW
treatment plant; or
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3. Is designated as such by the City on the basis that
it has a reasonable potential for adversely affecting
the POTW's operation or for violating any
pretreatment standard or requirement.
(c) Upon a finding that a user meeting the criteria in
Subsection (b) has no reasonable potential for adversely
affecting the POTW's operation or for violating any
pretreatment standard or requirement, the City may at
any time, on its own initiative or in response to a petition
received from a user, and in accordance with procedures
in 40 CFR 403.8(f)(6), determine that the user should not
be considered a significant industrial user.
(2) NSCIUs
(a) The City may determine that an Industrial User subject to
categorical Pretreatment Standards is a Non -Significant
Categorical Industrial User (NSCIU) rather than a
Significant Industrial User (SIU) on a finding of any of the
three criteria below:
1. The Industrial User never discharges more than 100
gallons per day (gpd) of total categorical
wastewater (excluding sanitary, non -contact
cooling and boiler blowdown wastewater, unless
specifically included in the Pretreatment Standard);
2. The Industrial User is required by a categorical
Pretreatment Standard to not discharge categorical
wastewater. An Industrial User that meets this
criteria shall continue to be prohibited from
discharging categorical wastewater; or
3. The Industrial User is subject to numeric categorical
Pretreatment Standard(s) and does not discharge
categorical wastewater
(b) The following conditions must be met for an Industrial
User classified as a NSCIU:
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1. The Industrial User, prior to City's finding, has
consistently complied with all applicable categorical
Pretreatment Standards and Requirements;
2. The Industrial User annually submits the
certification statement required in section 98-152
(b) of this article [see 40 CFR 403.12(q)], together
with any additional information necessary to
support the certification statement; and
3. The Industrial User never discharges any untreated
concentrated wastewater.
Slug Load or Slug Discharge. Any discharge at a flow rate or
concentration, which could cause a violation of the prohibited discharge
standards in section 98-135 of this article. A Slug Discharge is any
Discharge of a non -routine, episodic nature, including but not limited to
accidental spill or a non -customary batch discharge, which has a
reasonable potential to cause Interference or Pass Through, or in any way
violate the POTW's regulations, Local Limits or Permit conditions.
Standard Industrial Classification (SIC) Code. A classification pursuant to
the Standard Industrial Classification Manual issued by the United States
Office of Management and Budget.
Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Suspended Solids. The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Total Toxic Organics or TTO. The sum of the masses or concentration of
the toxic organic compounds listed in 40 CFR122 Appendix D, Table 2,
excluding pesticides, found in an industrial user's discharge at a
concentration greater than 0.01mg/ For categorical SIU's, with
categorical TTO monitoring requirements, TTO parameter selection is
specific to the federal category.
TPDES. Texas Pollutant Discharge Elimination System permit program of
the Texas Commission on Environmental Quality with federal regulatory
authority to act on an approved pretreatment program.
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User or Industrial User (IU). A source of indirect discharge.
Wastewater. Liquid and water -carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
Wastewater Treatment Plant or Treatment Plant. The portion of the POTW
which is designed to provide treatment of municipal sewage and industrial
waste.
DIVISION 2 - SEWER USE; INDUSTRIAL DISCHARGES
Sec. 98-135 - Prohibited Discharge Standards
(a) General Prohibitions. No user shall introduce or cause to be
introduced into the POTW any pollutant or wastewater which causes
pass through or interference. These general prohibitions apply to all
users of the POTW whether or not they are subject to categorical
pretreatment standards or any other National, State, or local
pretreatment standards or requirements.
Storm water and all other unpolluted drainage shall be discharged
to sewers that are specifically designated as storm sewers, or to a
natural outlet approved by the Director. No liquid, semi -liquid, ready
mixed concrete, mortar, asphalt material, or chemical waste shall
be deposited in any area that will drain to the storm sewer or natural
outlet.
(b) Specific Prohibitions. No user shall introduce or cause to be
introduced into the POTW the following pollutants, substances, or
wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed -cup
flashpoint of less than 140OF (60°C) using the test methods
specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.5 or more than 11.0, or
otherwise causing corrosive structural damage to the POTW or
equipment;
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(3) Solid or viscous substances in amounts which will cause
obstruction of the flow in the POTW resulting in interference,
blockage, or damage to the POTW;
(4) Pollutants, including oxygen -demanding pollutants (BOD, etc.),
released in a discharge at a flow rate or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW;
(5) Wastewater having a temperature greater than 150OF (650C),
or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment
plant to exceed 1040F (400C);
(6) Petroleum oil, non -biodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference and/or
pass through, and in amounts specified in section 98-137.
(7) Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute
worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points
designated by the Director and in accordance with section 98-
146 of this article;
(9) Noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard to
life, or to prevent entry into the sewers for maintenance or
repair;
(10) Wastewater which imparts color which cannot be removed by
the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the
applicable NPDES or TPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes
except in compliance with applicable state or federal
regulations;
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(12) Storm water, surface water, ground water, artesian well water,
roof runoff, subsurface drainage, and unpolluted wastewater,
unless specifically authorized by the Director;
(13) Sludges, screenings, or other residues from the pretreatment
of industrial wastes;
(14) Medical wastes, except as specifically authorized by the
Director, that do not cause or contribute to Pass Through and/or
Interference;
(15) Wastewater causing, alone or in conjunction with other sources,
the treatment plant's effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(17) Fats, oils, or greases of animal or vegetable origin in
concentrations greater than that specified in the applicable local
limits in section 98-137;
(18) A discharge of water, normal domestic wastewater, or industrial
waste which in quantity of flow exceeds, for a duration of longer
than fifteen minutes, more than four times the average twenty-
four hour flow during normal operations of the industry;
(19) Insecticides and herbicides in concentrations that are not
amenable to treatment;
(20) Garbage that is not properly shredded to such an extent that
all particles will be carried freely under the flow conditions
normally prevailing in wastewater mains, with no particle
having greater than one-half (1/2) inch cross -sectional
dimension;
(21) Wastewater or industrial waste generated or produced outside
the City, unless approval in writing from the Director has been
given to the person discharging the waste; or
(22) Without the approval of the Director, a substance or pollutant
other than industrial waste, normal domestic wastewater,
septic tank waste, or chemical toilet waste that is of a toxic or
hazardous nature, regardless of whether or not it is amenable
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to treatment, including but not limited to bulk or packaged
chemical products.
(c) Processing and Storage. Pollutants, substances, or wastewater
prohibited by this article shall not be processed or stored in such a
manner that they could be discharged to the POTW.
Sec. 98-136. - National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed in terms of
either the mass or the concentration of a pollutant in wastewater,
the Director may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c)(1).
(2) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the
Director shall impose an alternate limit using the combined
wastestream formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating to its
discharge are fundamentally different from the factors considered
by the EPA when developing the categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
Sec. 98-137. - Local Discharge Limits
The following pollutant limits are established to protect against pass
through and interference and apply at the point where the wastewater
is discharged to the POTW. No person shall discharge, or cause or permit
to be discharged, wastewater containing in excess of the following
instantaneous maximum allowable discharge limits.
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(1) Toxic Pollutants specified in the following table:
Toxic Pollutant
Instantaneous Maximum
Allowable
Discharge Limit m /L
Arsenic
0.2
Cadmium
0.1
Chromium
2.1
Copper
1.8
Cyanide
0.4
Lead
1.2
Mercury
0.06
Molybdenum
0.5
Nickel
3.3
Selenium
0.2
Silver
0.8
Zinc
6.1
Oil and Grease
200
H
5.5-11.0 S.U.
All concentrations for metallic substances are for "total" metal unless
indicated otherwise. The Director may impose mass limitations in addition
to, or in place of, the concentration -based limitations above.
Sec. 98-138. - City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater
discharge permits, more stringent standards or requirements on discharges
to the POTW.
Sec. 98-139. - Dilution
No user shall ever increase the use of process water, or in any way attempt
to dilute a discharge, as a partial or complete substitute for adequate
treatment to achieve compliance with a discharge limitation unless
expressly authorized by an applicable pretreatment standard or
requirement. The Director may impose mass limitations on users who are
using dilution to meet applicable pretreatment standards or requirements
or in other cases when the imposition of mass limitations is appropriate.
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Sec. 98-140. - Plant Loading
No industry shall discharge wastewater containing a BOD or TSS loading
that causes the City's prorata share of the total BOD or TSS loading to the
POTW system to exceed the City's prorata share of the total flow to the
POTW system. (Example: if the City contributes 25% of the total
wastewater flow to the System, the City's cumulative BOD or TSS loading
to the System, as measured at the City's points of entry to the System,
shall not exceed 25% of the total BOD or TSS loading to the System.)
Any industry with a wastewater strength that will cause the City's
cumulative wastewater loading, at the City's points of entry, to exceed the
City's prorata share of the total wastewater loading based upon flow, shall
be required to install pretreatment facilities to reduce its wastewater
strength to an acceptable level.
DIVISION 3 — PRETREATMENT OF WASTEWATER
Sec. 98-141. - Pretreatment Facilities; Plans
Users shall provide wastewater treatment as necessary to comply with this
article and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in section 98-135 within
the time limitations specified by EPA, the State, or the Director, whichever
is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the user's expense. Detailed plans describing
such facilities and operating procedures shall be submitted to the Director
for review, and shall be acceptable to the Director before the facilities are
constructed. The review of such plans and operating procedures shall in no
way relieve the user from the responsibility of modifying such facilities as
necessary to produce a discharge acceptable to the City under the
provisions of this article.
Sec. 98-142. - Discharge Flow; Conditions
(a) Whenever deemed necessary, the Director may require users to
restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and require such other
conditions as may be necessary to protect the POTW and determine
the user's compliance with the requirements of this article.
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(b) The Director may require any person discharging into the POTW to
install and maintain, on their property and at their expense, a
suitable storage and flow -control facility to ensure equalization of
flow. A wastewater discharge permit may be issued solely for flow
equalization.
Sec. 98-143. - Grease, Oil, and Sand Interceptors
Grease, oil, and sand interceptors shall be provided when, in the opinion of
the Director, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand; except that these
interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the Director and shall be so
located to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired regularly, as needed, by the user
at the user's expense.
Sec. 98-144. - Gas Detection Meters and Other Control Devices
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter or other control device as deemed necessary by the Director.
Sec. 98-145. - Slug Control Plans
(a) The Director shall evaluate whether each permitted significant
industrial user needs a slug control plan or other action to control
Slug Discharges no later than (1) one year of the SIU determination.
The Director may require any user to develop, submit for approval,
and implement such a plan. All the activities associated with Slug
Control evaluation and results are to be kept in the Industrial User
file.
(b) A slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch
discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Director and Control
Authority of any slug discharge, as required by section 98-
167 of this article; and
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(4) Procedures to prevent adverse impact from any slug discharge.
Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant
site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for
emergency response.
Sec. 98-146. - Hauled Wastewater; Discharge; Permit
(a) Septage waste may be introduced into the POTW only at locations
designated by the Director and Control Authority, and at such times
as are established by the Director and Control Authority. Such waste
shall not violate sections 98-135 — 98-137 or any other
requirements established by the City. The Director and/or Control
Authority may require septic tank waste haulers to obtain
wastewater discharge permits.
(b) Septage waste haulers must provide a waste -tracking form for every
load. This form shall include, at a minimum, the name and address
of the waste hauler, permit number, truck identification, names and
addresses of sources of waste, and volume and characteristics of
waste. The form shall identify the type of generator, known or
suspected waste constituents, and whether any wastes are RCRA
hazardous wastes.
Sec. 98-147. - Best Management Practices
The Director may develop Best Management Practices (BMPs), and require
Users to implement such BMPs if necessary to protect the POTW. Such BMPs
would be supplemental and not used as a replacement for compliance with
Local Limits listed in section 98-137 and Prohibited Discharge Standards in
section 98-135.
DIVISION 4 - WASTEWATER DISCHARGE PERMIT
Sec. 98-148. - Wastewater Analysis Required Upon Request
When requested by the Director, a user must submit information on the
nature and characteristics of its wastewater by the deadline stipulated. The
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Director is authorized to prepare a form for this purpose and may
periodically require users to update this information.
Sec. 98-149. - Permit Required
(a) No significant industrial user (SIU) or non -significant categorical
industrial user (NSCIU) shall discharge wastewater into the POTW
without first obtaining a wastewater discharge permit from the
Director, who may disallow any or all discharges until a wastewater
discharge permit is issued, except that a SIU or a NSCIU that has
filed a timely application pursuant to section 98-152 of this article
may continue to discharge for the time period specified therein.
(b) The Director may require other users to submit a completed permit
application or survey form, including monitoring data, and to obtain
wastewater discharge permits as necessary to carry out the
purposes of this article. To determine the status of a user in relation
to this article, users may be required to perform sampling as
specified by the Director.
(c) Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this article and subjects the
wastewater discharge permittee to the sanctions and penalties set
out in sections 98-181 - 98-189 and 98-192 of this article. Obtaining
a wastewater discharge permit does not relieve a permittee of the
obligation to comply with all Federal and State pretreatment
standards or requirements with any other requirements of Federal,
State, and local law.
Sec. 98-150. - Existing Industrial Users; Permit
Any user required to obtain a wastewater discharge permit who was
discharging wastewater into the POTW prior to the effective date of this
article and who wishes to continue such discharges in the future, shall,
within ninety (90) days after that date, apply to the Director for a
wastewater discharge permit in accordance with section 98-152 (a) of this
article, and shall not cause or allow discharges to the POTW to continue
after ninety (90) days of the effective date of this article except in
accordance with a wastewater discharge permit issued by the Director. If,
in the Director's judgment, the passing of the article does not significantly
affect the Industrial User's current permit, then the existing permit may
continue through to the expiration date.
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Sec. 98-151. - New Industrial Users; Permit
Any user required to obtain a wastewater discharge permit who proposes
to begin or recommence discharging into the POTW must obtain that permit
prior to the beginning or recommencing of the discharge. An application for
this wastewater discharge permit, in accordance with section 98-152 of this
article, must be filed prior to the date upon which any discharge will begin
or recommence.
Sec. 98-152. - Permit Application; Content; Signatories and
Certification
Permit application. All users required to obtain a wastewater discharge
permit must submit a permit application.
(a) The Director may require all users to submit as part of an
application the following information:
(1) All information required by section 98-162 (b) of this
article, including, without limitation, the legal entity name
and registered agent's contact information for the
proposed permit holder, owner and/or operator, as
applicable;
(2) Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and
chemicals used or stored at the facility which are, or could
accidentally or intentionally be, discharged to the POTW;
(3) Number and type of employees, hours of operation, and
proposed or actual hours of operation;
(4) Each product produced by type, amount, process or
processes, and rate of production;
(5) Type and amount of raw materials processed (average
and maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans,
and details to show all sewers, floor drains, and
appurtenances by size, location, and elevation, and all
points of discharge;
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(7) Time and duration of discharges; and
(8) Any other information as may be deemed necessary by
the Director to evaluate the wastewater discharge permit
application.
Incomplete or inaccurate applications will not be processed and will be
returned to the user for revision.
(b) Signatories and certification.
(1) An authorized representative of the user must sign all
wastewater discharge permit applications, user reports, and
enforcement responses. Wastewater discharge permit
applications and user reports as identified in 40 CFR
§403.12(b), (d), (e), and (h), must contain the following
certification statement: "I certify under penalty of law that this
document and all attachments were prepared under my
direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person
or persons who manage the system, or those persons directly
responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
(2) If the designation of an authorized representative of the user is
no longer accurate because a different individual or position has
responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a
new written authorization satisfying the requirements of this
section must be submitted to the Director prior to or together
with any reports to be signed by an authorized representative
of the user.
(3) A facility determined to be a Non -Significant Categorical
Industrial User (NSCIU) by the Director pursuant to section 98-
134 of this article must annually submit the signed certification
statement signed in accordance with the signatory
requirements in section 98-134. This certification must
accompany an alternative report required by the Director:
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"Based on my inquiry of the person or persons directly
responsible for managing compliance with the categorical
Pretreatment Standards under 40 CFR § , I certify, to the
best of my knowledge and belief, that during the period from
to [months,
days, year]:
a. The facility described as [facility name] met the
definition of a Non -Significant Categorical Industrial as
described in section 98-134 of this article; [Note: See 40
CFR § 403.3(v)(2)]
b. The facility complied with all applicable Pretreatment
Standards and requirements during this reporting period;
and the facility never discharged more than 100 gallons
of total categorical wastewater on any given day during
this reporting period.
C. This compliance certification is based on the following
information.
.,
Sec. 98-153. - Evaluation and Decision
The Director will evaluate the data furnished by the user and may require
additional information. Within a reasonable time from receipt of a complete
wastewater discharge permit application, the Director will determine
whether to issue a wastewater discharge permit. The Director may deny
any application for a wastewater discharge permit.
Sec. 98-154. - Permit Duration
A wastewater discharge permit shall be issued for a specified time period,
not to exceed five (5) years from the effective date of the permit. A
wastewater discharge permit may be issued for a period less than five (5)
years, at the discretion of the Director. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
Sec. 98-155. - Permit Content; Conditions
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(a) A wastewater discharge permit shall include such conditions as are
deemed reasonably necessary by the Director to prevent pass
through or interference, protect the quality of the water body
receiving the treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
(b) Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in
accordance with section 98-157 of this article, and provisions
for furnishing the new owner or operator with a copy of the
existing wastewater discharge permit;
(3) Effluent limits including Best Management Practices based on
applicable pretreatment standards;
(4) Self -monitoring, sampling, reporting, notification, and record -
keeping requirements including those for BMPs. These
requirements shall include an identification of pollutants to be
monitored, sampling location, sampling frequency, and sample
type based on Federal, State, and local law;
(5) A statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend
the time for compliance beyond that required by applicable
Federal, State, or local law; and
(6) Requirements to control Slug Discharge, if determined by the
Director to be necessary.
(c) Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and
equalization;
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(2) Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill
control plans or other special conditions including management
practices necessary to adequately prevent accidental,
unanticipated, or non -routine discharges;
(4) Development and implementation of waste minimization plans
to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for
compliance with all applicable Federal and State pretreatment
standards, including those which become effective during the
term of the wastewater discharge permit;
(8) Requirements to implement BMPs, if determined by the Director
to be necessary; and
(9) Other conditions as deemed appropriate by the Director to
ensure compliance with this article, and State and Federal laws,
rules, and regulations.
Sec. 98-156. - Permit Modification
The Director may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(a) To incorporate any new or revised Federal, State, or local
pretreatment standards or requirements;
(b) To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of the wastewater discharge permit issuance;
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(c) A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat
to the POTW, POTW personnel, or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge
permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required
reporting;
(g) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR § 403.13;
(h) To correct typographical or other errors in the wastewater discharge
permit; or
(i) To reflect a transfer of the facility ownership or operation to a new
owner or operator.
Sec. 98-157. - Permit Transfer; Notice and Approval
A. Wastewater discharge permits may be transferred to a new owner
or operator only if the permittee gives a minimum of sixty (60) days
advance written notice to the Director and the Director approves the
wastewater discharge permit transfer. The notice to the Director
must include a written certification by the new owner or operator
which:
(1) States that the new owner and/or operator has no immediate
intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur;
and
(3) Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
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B. The Director may require any other information as may be deemed
necessary by the Director to evaluate the wastewater discharge
permit transfer.
C. Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
Sec. 98-IS8 - Permit Revocation
(a). The Director may revoke a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
(1) Failure to notify the Director of significant or material changes
to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Director of changed
conditions pursuant to section 98-166 of this article;
(3) Misrepresentation or failure to fully disclose all relevant facts in
the wastewater discharge permit application;
(4) Falsifying self -monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director timely access to the facility
premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater
discharge permit application;
(12) Failure to provide advance notice of the transfer of business
ownership of a permitted facility, including transfer to an
affiliated business or entity; or
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(13) Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this article.
(b). Wastewater discharge permits shall be voidable upon cessation of
operations (regardless of duration) or transfer of business
ownership. All wastewater discharge permits issued to a particular
user are void upon the issuance of a new wastewater discharge
permit to that user.
Sec. 98-159. - Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for
wastewater discharge permit reissuance by submitting a complete permit
application, in accordance with section 98-152 (A) of this article, a minimum
of sixty (60) days prior to the expiration of the user's existing wastewater
discharge permit.
Sec. 98-160. - Regulation of Waste Received from Other Jurisdictions
(a) A municipality which contributes wastewater to the POTW, shall
enter into an interlocal agreement with the City prior to contributing
such wastewater.
(b) Prior to the City entering into an interlocal agreement as provided
in subsection A, the City may request the following information from
the contributing municipality:
(1) A description of the quality and volume of wastewater
discharged to the POTW by the contributing municipality;
(2) An inventory of all users located within the contributing
municipality that are discharging to the POTW; and
(3) Such other information as the City, including the Director, may
deem necessary.
Sec. 98-161. - Extrajurisdictional Users
(a) An extrajurisdictional user shall apply for a permit in accordance
with this article at least ninety (90) days prior to discharging to the
POTW.
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(b) This section does not apply to extrajurisdictional users in
jurisdictions which have an agreement with the City pursuant to
section 98-160 of this article.
(c) A wastewater discharge permit issued to an extrajurisdictional user
shall be in the form of a contract, and must include, at a minimum,
the components found in 40 CFR § 403.8(f)(1)(iii) and shall require
the approval of the City Council. An extrajurisdictional user shall
agree to all the terms of this article and the terms of its wastewater
discharging contract in accordance with the procedures set forth in
section 98-155 of this article prior to discharging into the POTW.
DIVISION 5 - COMPLIANCE MONITORING; REPORTING REQUIREMENTS
Sec. 98-162. - Baseline Monitoring Reports
(a) Within either one hundred eighty (180) days after the effective date
of a categorical pretreatment standard, or the final administrative
decision on a category determination under 40 CFR § 403.6(a)(4),
whichever is later, existing categorical users currently discharging
to or scheduled to discharge to the POTW shall submit to the
Director a report which contains the information listed in paragraph
B, below. At least ninety (90) days prior to commencement of their
discharge, new sources, and sources that will become categorical
users subsequent to the promulgation of an applicable categorical
standard, shall submit to the Director a report which contains the
information listed in paragraph B, below. A new source shall report
the method of pretreatment it intends to use to meet applicable
categorical standards. A new source also shall give estimates of its
anticipated flow and quantity of pollutants to be discharged.
(b) Users described above shall submit the information set forth below.
(1) Identifying Information. The name, address, and contact
information for the facility, including the full legal name of both
the operator and owner.
(2) Environmental Permits. A list of any environmental control
permits held by or for the facility.
(3) Description of Operations. A brief description of the nature,
average rate of production, and standard industrial
classifications and/or North American Industry Classifications
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(NAICS) of the operation(s) carried out by the user. This
description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated
processes.
(4) Flow measurement. Information showing the measured or
estimated average daily and maximum daily flow, in gallons per
day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined
wastestream formula set out in 40 CFR § 403.6(e).
(5) Measurement of Pollutants.
a. The categorical pretreatment standards applicable to
each regulated process (and any new categorically
regulated processes for Existing Sources.)
b. The results of sampling and analysis identifying the
nature and concentration, and/or mass, where required
by the standard or by the Director, of regulated pollutants
in the discharge from each regulated process.
C. Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be
reported.
d. The sample shall be representative of daily operations
and shall be analyzed in accordance with procedures set
out in section 98-171 of this article. Where the Standard
requires compliance with a BMP or pollution prevention
alternative, the User shall submit documentation as
required by the Director or the applicable Standards to
determine compliance with the Standard.
e. If discharge flow conditions are representative of daily
operations, the User shall take a minimum of one
representative sample to compile that data necessary to
comply with the requirements of this section. The Director
may require additional representative sampling to be
conducted.
f. Representative samples should be taken immediately
downstream from pretreatment facilities if such exist or
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immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with
the regulated wastewater prior to pretreatment the User
should measure the flows and concentrations necessary
to allow use of the combined wastestream formula in 40
CFR § 304.6(e) to evaluate compliance with Pretreatment
Standards.
g. The Director may allow the submission of a baseline
report which utilizes only historical data so long as the
data provides information sufficient to determine the
need for industrial pretreatment measures.
h. The baseline report shall indicate the time, date and place
of sampling and method of analysis, and shall certify that
such sampling and analysis is representative of normal
work cycle and expected pollutant discharges to the
POTW.
i. Sampling must be performed in accordance with
procedures set out in section 98-172 of this article.
(6) Certification. A statement, reviewed by the user's authorized
representative of the user and certified by a qualified
professional, indicating whether pretreatment standards are
being met on a consistent basis, and, if not, whether additional
operation and maintenance (0&M) and/or additional
pretreatment are required to meet the pretreatment standards
and requirements.
(7) Compliance Schedule. If additional pretreatment and/or 0&M
will be required to meet the pretreatment standards, the
shortest schedule by which the user will provide the additional
pretreatment and/or O&M. The completion date in this schedule
shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in
section 98-163 of this article.
(8) Signature and Certification. All baseline monitoring reports
must be signed and certified in accordance with section 98-152
(b) of this article.
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Sec. 98-163. - Compliance Schedule; Progress Reports
The following conditions shall apply to the compliance schedule required by
section 98-162 (b)(7) of this article:
(a) The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to
the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such
events include, but are not limited to, hiring an engineer, completing
preliminary and final plans, executing contracts for major
components, commencing and completing construction, and
beginning and conducting routine operation);
(b) No increment referred to above shall exceed nine (9) months;
(c) The user shall submit a progress report to the Director no later than
fourteen (14) days following each date in the schedule and the final
date of compliance including, at a minimum, whether it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the
established schedule; and
(d) In no event shall more than nine (9) months elapse between the
submission of progress reports to the Director.
Sec. 98-164. - Categorical Pretreatment Standards; Compliance
Reports
Within ninety (90) days following the date for final compliance with
applicable categorical pretreatment standards, or in the case of a new
source following commencement of the introduction of wastewater into the
POTW, any user subject to those pretreatment standards and requirements
shall submit to the Director a report containing the information described
in section 98-162 (b)(4-6) of this article. For users subject to equivalent
mass or concentration limits established in accordance with the procedures
in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the
user's long-term production rate. In cases where the Categorical
Pretreatment Standard requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as required by
the applicable Categorical Pretreatment Standard necessary to determine
the compliance status of the User. For all other users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge
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per unit of production (or other measure of operation), this report shall
include the User's actual production during the appropriate sampling period.
All compliance reports must be signed and certified in accordance with
section 98-152 (b) of this article. All sampling will be done in conformance
with section 98-172 of the article.
Sec. 98-165. - Periodic Compliance Reports
(a) All significant industrial users shall, at a frequency determined by
the Director but in no case less than twice per year, submit a report
indicating the nature and concentration of pollutants in the
discharge which are limited by pretreatment standards and the
measured or estimated average and maximum daily flows for the
reporting period. In cases where the Categorical Pretreatment
Standard or the Director requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as
required by the Director or the applicable Categorical Pretreatment
Standard necessary to determine the compliance status of the User.
All periodic compliance reports must be signed and certified in
accordance with section 98-152 (b) of this article.
(b) All Non -significant Categorical Industrial Users (NSCIUs) shall
submit a report annually in the month specified by the Director. The
report shall be completed according to the City's current reporting
requirements, including the submittal of the applicable certification
statement found in section 98-152 (b)(3) of this article.
(c) All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities
shall be properly operated, kept clean, and maintained in good
working order at all times. The failure of a user to keep its
monitoring facility in good working order shall not be grounds for
the user to claim that sample results are unrepresentative of its
discharge.
(d) If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the
Director, using the procedures prescribed in section 98-172 of this
article, the results of this monitoring shall be included in the report.
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Sec. 98-166 - Changed Conditions; Notices
(a) Each user must notify the Director and the Control Authority of any
planned significant or material changes to the user's operations or
system which might alter the nature, quality, or volume of its
wastewater a minimum of thirty (30) days prior to the change.
(b) The Director may require the user to submit such information as
may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit
application under section 98-152 (a) of this article.
(c) The Director may issue a wastewater discharge permit under section
98-153 of this article or modify an existing wastewater discharge
permit under section 98-156 of this article in response to changed
conditions or anticipated changed conditions.
(d) For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater, and the
discharge of any previously unreported pollutants that are
determined to be of concern.
Sec. 98-167. - Accidental Discharge or Potential Problems; Report;
Liability
(a) In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a
noncustomary batch discharge, or a slug load, that may cause
potential problems for the POTW, the user shall immediately
telephone and notify the City and the Control Authority of the
incident. This notification shall include the location of the discharge,
type of waste, concentration and volume, if known, and corrective
actions taken by the user.
(b) Within five (5) days following that discharge, the user shall, unless
waived by the Director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor shall this
notification relieve the user of any fines, penalties, or other liability
which may be imposed pursuant to this article.
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(c) A notice shall be permanently posted on the user's bulletin board or
other prominent place advising employees whom to call in the event
of a discharge described in paragraph A, above. Employers shall
ensure that all employees, who may cause such a discharge to
occur, are advised of the emergency notification procedure.
(d) Significant Industrial Users are required to notify the Director
immediately of any changes at their facilities affecting the potential
for a Slug Discharge.
Sec. 98-168. - Users Without Permit; Required Reports
All users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Director as the Director may require.
Sec. 98-169. - Notice of Violation; Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify
the Director within twenty-four (24) hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the Director within thirty (30) days after
becoming aware of the violation. The user is not required to resample if the
Director monitors at the user's facility at least once a month, or if the
Director samples between the user's initial sampling and when the user
receives the results of this sampling or if the Director has performed the
sampling and analysis in lieu of the user.
Sec. 98-170. - Hazardous Waste Discharge; Notification
(a) Any user who commences the discharge of hazardous waste shall
notify the POTW, the EPA Regional Waste Management Division
Director, and State hazardous waste authorities, in writing, of any
discharge into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 CFR § 261. Such
notification must include the name of the hazardous waste as set
forth in 40 CFR § 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other). If the user
discharges more than one hundred (100) kilograms of such waste
per calendar month to the POTW, the notification also shall contain
the following information to the extent such information is known
and readily available to the user: an identification of the hazardous
constituents contained in the wastes, an estimation of the mass and
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concentration of such constituents in the wastestream discharged
during that calendar month, and an estimation of the mass of
constituents in the wastestream expected to be discharged during
the following twelve (12) months. All notifications must take place
no later than one hundred and eighty (180) days after the discharge
commences. Any notification under this division need be submitted
only once for each hazardous waste discharged. However,
notifications of changed conditions must be submitted under section
98-166 of this article. The notification requirement in this section
does not apply to pollutants already reported by users subject to
categorical pretreatment standards under the self -monitoring
requirements of sections 98-162, 98-164, and 98-165 of this article.
(b) Dischargers are exempt from the requirements of paragraph A,
above, during a calendar month in which they discharge no more
than fifteen (15) kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms of
nonacute hazardous wastes in a calendar month, or of any quantity
of acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and
261.33(e), requires a one-time notification. Subsequent months
during which the user discharges more than such quantities of any
hazardous waste do not require additional notification.
(c) In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the user must notify
the Director, the POTW, the EPA Regional Waste Management Waste
Division Director, and State hazardous waste authorities of the
discharge of that substance within ninety (90) days of the effective
date of such regulations.
(d) In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume and
toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
(e) This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable Federal or State law.
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Sec. 98-171. - Analytical and Sampling Standards
All pollutant analyses, including sampling techniques, to be submitted as
part of a wastewater discharge permit application or report shall be
performed in accordance with the techniques prescribed in 40 CFR § 136,
and amendments thereto, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR § 136 does not contain
sampling or analytical techniques for the pollutant in question, or where the
EPA determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question sampling and analyses shall be
performed by using validated analytical methods or any applicable sampling
and analytical procedures, including procedures suggested by the Director,
the EPA, TCEQ, or other parties approved by EPA.
Sec. 98-172. - Sample Collection Techniques
(a) Except as indicated in paragraphs B and C of this section, the User
must collect wastewater samples using 24-hour flow -proportional
composite sampling techniques, unless time -proportional composite
sampling or grab sampling is authorized by the Director. Where
time -proportional composite sampling or grab sampling is
authorized by the City, the samples must be representative of the
discharge. Using protocols (including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EPA guidance, multiple
grab samples collected during a 24-hour period may be composited
prior to the analysis as follows: for cyanide, total phenols, and
sulfides the samples may be composited in the laboratory or in the
field; for volatile organics and oil and grease, the samples may be
composited in the laboratory. Composite samples for other
parameters unaffected by the compositing procedures as
documented in approved EPA methodologies may be authorized by
the City, as appropriate. In addition, grab samples may be required
to show compliance with Instantaneous Limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using
grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90-day
compliance reports required in sections 98-162 and 98-164 [40 CFR
§ 403.12(b) and (d)], a minimum of four (4) grab samples must be
used for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organic compounds for facilities for which historical sampling
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data does not exist; for facilities for which historical sampling data
are available, the Director may authorize a lower minimum. For the
reports required by section 98-165 (40 CFR §§ 403.12(e) and
403.12(h)), the Industrial User is required to collect the number of
grab samples necessary to assess and assure compliance with
applicable Pretreatment Standards and Requirements.
Sec. 98-173. - Submission Date
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail
facility serviced by the United States Postal Service, the date of receipt of
the report shall govern.
Sec. 98-174. - Records Retention
Users subject to the reporting requirements of this chapter shall retain, and
make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this article and
any additional records of information obtained pursuant to monitoring
activities undertaken by the user independent of such requirements, and
documentation associated with Best Management Practices established in
this article. Records shall include the date, exact place, method, and time
of sampling, and the name of the person(s) taking the samples; the dates
analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of the analyses. These records
shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any litigation concerning
the user or the City, or where the user has been specifically notified of a
longer retention period by the Director.
DIVISION 6 — ADMINISTRATION AND ENFORCEMENT
Sec. 98-175. - Right of Entry: Inspection and Sampling
(a) The Director and/or the Control Authority, TCEQ, or EPA or their
designated representative(s) shall have the right to enter the
premises of any user to determine whether the user is complying
with all requirements of this article and any wastewater discharge
permit or order issued hereunder. Users shall allow the inspecting
or sampling person(s) ready access to all parts of the premises for
the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
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(b) Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, City, Control Authority,
TCEQ, or EPA personnel will be permitted to enter without delay for
the purposes of performing specific responsibilities.
(c) The Director and/or Control Authority shall have the right to set up
on the user's property, or require installation of such devices as are
necessary, to conduct sampling and metering of the user's
operations. All sampling and analysis performed by the City and/or
Control Authority to monitor compliance shall be at the expense of
the industrial user.
(d) The Director may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. All devices used to
measure wastewater flow and quality shall be calibrated, at a
minimum, annually to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly
removed by the user at the written or verbal request of the Director
and shall not be replaced. The costs of clearing the access shall be
borne by the user.
(f) Unreasonable delays in allowing an inspecting or sampling person
access to the user's premises shall be a violation of this article.
(g) In accordance with 40 CFR § 403, the City shall inspect and monitor
each Significant Industrial User a minimum of once per year. If the
City elects to perform compliance monitoring for the Significant
Industrial User then the City will monitor the industry a minimum of
semiannually.
(h) The City shall inspect each NSCIU a minimum of once per year. If
the City elects to perform compliance monitoring for the NSCIU then
the City will monitor the industry a minimum of one time each
permit cycle.
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Sec. 98-176. - Search Warrants
If the Director and/or Control Authority has been refused or denied access
to a building, structure, or property, or any part thereof, and is able to
demonstrate probable cause to believe that there may be a violation of this
article, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance
with this article or any permit or order issued hereunder, or to protect the
overall public health, safety, and welfare of the community, then the
Director and/or Control Authority may seek issuance of a search warrant
from an appropriate court or judicial officer.
Sec. 98-177. - Confidential Information
Information and data on a user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, and
monitoring programs, and from inspection and sampling activities, shall be
available to the public without restriction, unless the user specifically
requests, and is able to demonstrate to the satisfaction of the City or
Control Authority, that the release of that information would divulge
information, processes, or methods of production entitled to protection as
trade secrets under applicable State law. Any such request must be
asserted at the time of submission of the information or data. When
requested and demonstrated by the user furnishing a report that the
information should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall only be available pursuant
to the requirements of the Texas Public Information Act, but shall be made
available immediately upon request to governmental agencies for uses
related to the NPDES or TPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics, and other effluent data as
defined by 40 CFR § 2.302, will not be recognized as confidential
information and will be available to the public without restriction.
Sec. 98-178. - Publication of Users in Significant Noncompliance
(a) The Director shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the
jurisdictions served by the POTW, a list of the users which, at any
time during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and
requirements.
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(b) The term Significant Noncompliance shall be applicable to all
Significant Industrial Users (or any other Industrial User that
violates paragraphs (3), (4), or (8) of this paragraph) and shall
mean:
(1) Chronic violations of wastewater discharge limits, defined here
as those in which sixty-six percent (66%) or more of all the
measurements taken for the same pollutant parameter taken
during a six- (6-) month period exceed (by any magnitude) a
numeric Pretreatment Standard or Requirement, including
Instantaneous Limits as defined in sections 98-135 — 98-140;
(2) Technical Review Criteria (TRC) violations, defined here as
those in which thirty-three percent (33%) or more of
wastewater measurements taken for each pollutant parameter
during a six- (6-) month period equals or exceeds the product
of the numeric Pretreatment Standard or Requirement including
Instantaneous Limits, as defined by sections 98-135 - 98-140
multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils
and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement
as defined by sections 98-135 — 98-140 (Daily Maximum,
long-term average, Instantaneous Limit, or narrative standard)
that the Director determines has caused, alone or in
combination with other discharges, Interference or Pass
Through, including endangering the health of POTW personnel
or the general public;
(4) Any discharge of a pollutant that has caused imminent
endangerment to the public or to the environment, or has
resulted in the Director's exercise of its emergency authority to
halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date,
a compliance schedule milestone contained in an individual
wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final
compliance;
(6) Failure to provide within forty-five (45) days after the due date,
any required reports, including baseline monitoring reports,
reports on compliance with categorical Pretreatment Standard
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deadlines, periodic self -monitoring reports, and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best
Management Practices, which the Director determines will
adversely affect the operation or implementation of the local
pretreatment program.
Sec. 98-179. - Notification of Violation; User Plan of Action
When the Director finds that a user has violated, or continues to violate,
any provision of this article, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the Director
may serve upon that user a written Notice of Violation. Within the time
frame specified in this notice, an explanation of the violation and a plan for
the satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the Director. Submission
of this plan in no way relieves the user of liability for any violations occurring
before or after receipt of the Notice of Violation. Nothing in this section shall
limit the authority of the Director to take any action, including emergency
actions or any other enforcement action, without first issuing a Notice of
Violation.
Sec. 98-180. - Consent Order
The Director may enter into a Consent Order, assurance of compliance, or
a similar document establishing an agreement with any User responsible
for noncompliance. Such documents shall include specific action to be taken
by the User to correct the noncompliance within a time period specified by
the document. Such documents shall have the same force and effect as the
administrative orders issued pursuant to sections 98-182 and 98-183 of this
article and shall be judicially enforceable. Issuance of a consent order shall
not be a bar against, or a prerequisite for, taking any other action against
the User.
Sec. 98-181. - Show Cause Hearing
The Director may order a user which has violated or continues to violate
any provision of this article, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, to appear
before the Director and show cause why the proposed enforcement action
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should not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons
for such action, and a request that the user show cause why the proposed
enforcement action should not be taken. The notice of the meeting shall be
served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing. Such notice may be
served on any authorized representative of the user. A show cause hearing
shall not be a bar against, or prerequisite for, taking any other action
against the user.
Sec. 98-182. - Compliance Orders
When the Director finds that a user has violated or continues to violate any
provision of this article, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the Director
may issue an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user does not
come into compliance within the time provided, sewer service may be
discontinued unless adequate treatment facilities, devices, or other related
appurtenances are installed and properly operated. Compliance orders also
may contain other requirements to address the noncompliance, including
additional self -monitoring and management practices designed to minimize
the amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement; nor does a compliance order relieve the user of
liability for any violation, including any continuing violation. Issuance of a
compliance order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
Sec. 98-183. - Cease -and -Desist Orders
(a) When the Director finds that a user has violated or continues to
violate any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or
requirement, or that the user's past violations are likely to recur,
the Director may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened
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violation, including halting operations and/or terminating the
discharge.
(b) Issuance of a cease -and -desist order shall not be a bar against, or
a prerequisite for, taking any other action against the user.
Sec. 98-184. - Emergency Suspension of Discharge
(a) The Director may immediately suspend a user's discharge, after
informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Director may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall
immediately stop or eliminate its contribution. In the event of
a user's failure to immediately comply voluntarily with the
suspension order, the Director may take such steps as deemed
necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The
Director may allow the user to recommence its discharge when
the user has demonstrated to the satisfaction of the Director
that the period of endangerment has passed, unless the
termination proceedings in Section 98-185 of this article are
initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed
written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future
occurrence, to the Director prior to the date of any show cause
or termination hearing under Sections 98-181 or 98-185 of this
article.
(b) Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
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Sec. 98-185. - Termination of Discharge
(a) In addition to the provisions in section 98-158 of this article, any
user who violates the following conditions is subject to discharge
termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or
wastewater volume, constituents, and characteristics prior to
discharge;
(4) Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards in sections 98-135 —
98-140 of this article.
(b) Such users will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under
section 98-181 of this article why the proposed action should not be
taken. Exercise of this option by the Director shall not be a bar to,
or a prerequisite for, taking any other action against the user.
Sec. 98-186. - Injunctive Relief
When the Director finds that a user has violated or continues to violate any
provision of this article, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the Director
may petition a court of competent jurisdiction through the City Attorney for
the issuance of a temporary restraining order and temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other
requirement imposed by this article on activities of the user. The Director
may also seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user.
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Sec. 98-187. - Remedies Not Exclusive
The remedies provided for in this article are not exclusive. The Director may
take any, all, or any combination of these actions against a noncompliant
user. Enforcement of pretreatment violations will generally be in accordance
with the City's enforcement response plan. However, the Director may take
other action against any user when the circumstances warrant. Further, the
Director is empowered to take more than one enforcement action against
any noncompliant user.
Sec. 98-188. - Applicability of More Stringent Regulations
(a) More Stringent Discharge Limits. If national pretreatment
standards, categorical or otherwise, more stringent than the
discharge limits prescribed in this article are promulgated by the
United States Environmental Protection Agency for certain
industries, the more stringent national pretreatment standards will
apply to the affected industrial user. A violation of the more
stringent national pretreatment standards will also be considered a
violation of this article.
(b) Applicability of More Stringent Discharge Limits. An industrial user
within the city who discharges industrial waste ultimately received
and treated by another governmental entity pursuant to a wholesale
wastewater contract or a reciprocal agreement with the city is
subject to the following additional rules:
(1) If the governmental entity has more stringent discharge limits
than those prescribed by this article, or by a discharge permit
issued hereunder, because the United States Environmental
Protection Agency requires the more stringent discharge limits
as part of the governmental entity's wastewater pretreatment
program, the more stringent discharge limits shall prevail.
(2) The Director is authorized to issue a discharge permit to an
industrial user affected by Subsection (1), to ensure notice of
and compliance with the more stringent discharge limits. If the
industrial user already has a discharge permit, the Director may
amend the permit to apply and enforce the more stringent
discharge limits. An industrial user shall submit to the Director
an expected compliance date and an installation schedule if the
more stringent discharge limits necessitate technological or
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mechanical adjustments to discharge facilities or plant
processes.
(3) If the Director chooses not to issue or amend a permit under
Subsection (2), the Director shall notify the affected industrial
user in writing of the more stringent discharge limits and their
effective date. Regardless of whether or not a permit is issued
or amended, an industrial user shall be given a reasonable
opportunity to comply with the more stringent discharge limits.
(4) The more stringent discharge limits cease to apply upon
termination of the City's wholesale wastewater contract or
reciprocal agreement with the governmental entity, or upon
modification or elimination of the limits by the government
entity or the United States Environmental Protection Agency.
The Director shall take the appropriate action to notify the
affected industrial user of an occurrence under this Subsection
(4).
(c) Variances in Compliance Dates. The Director may grant a variance
in compliance dates to an industry when, in the Director's opinion,
such action is necessary to achieve pretreatment or corrective
measures. In no case shall the Director grant a variance in
compliance dates to an industry affected by national categorical
pretreatment standards beyond the compliance dates established
by the United States Environmental Protection Agency.
(d) Authority to Regulate. The Director may establish regulations, not
in conflict with this article or other laws, to control the disposal and
discharge of industrial waste into the wastewater system and to
ensure compliance with the City's pretreatment enforcement
program with all applicable pretreatment regulations promulgated
by the United States Environmental Protection Agency. The
regulations established shall, where applicable, be made part of any
discharge permit issued to an industrial user by the Director.
Sec. 98-189. - Affirmative Defenses to Discharge Violations
(a) Act of God provision
(1) An event that would otherwise be a violation that is caused
solely by an act of God, war, strike, riot, or other catastrophe
is not a violation.
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(2) In an enforcement proceeding, the user seeking to establish the
occurrence of an act of God, war, strike, riot, or other
catastrophe shall have the burden of proof.
(3) In the event that an act of God, war, strike, riot, or other
catastrophe has been established, the user shall control
production of all discharges to the greatest extent possible until
such time as the reduction, loss, or failure of its treatment
facility is restored or an alternative method of treatment is
provided. The user's obligations under this subsection (3) shall
at all times include the duty to remedy and/or mitigate the
reduction, loss, or failure to the greatest extent possible.
(b) Bypass
(1) For the purpose of this section:
a. "Bypass" means the intentional diversion of wastestreams
from any portion of a user's treatment facility.
b. 'Severe property damage" means substantial physical
damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial
and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss
caused by delays in production.
(2) A user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but
only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of
subsections (3) and (4) of this paragraph.
(3) Bypass Notifications
a. If a user knows in advance of the need for a bypass, it
shall submit prior notice to the Director at least ten (10)
days before the date of the bypass, if possible.
b. A user shall submit oral notice to the Director of an
unanticipated bypass that exceeds applicable
pretreatment standards within twenty-four (24) hours
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from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of
the time the user becomes aware of the bypass. The
written submission shall contain a description of the
bypass and its cause; the duration of the bypass,
including exact dates and times, and, if the bypass has
not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce,
eliminate, and prevent recurrence of the bypass. The
Director may waive the written report on a case -by -case
basis if the oral report has been received within twenty-
four (24) hours.
(4) Bypass
a. Bypass is prohibited, and the Director may take an
enforcement action against a user for a bypass, unless:
1. The bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up
equipment should have been installed in the
exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal
periods of equipment downtime or preventive
maintenance; and
3. The user submitted notices as required under
subsection (3) of this paragraph.
b. The Director may approve an anticipated bypass, after
considering its adverse effects, if the Director determines
that it will meet the three conditions listed in subsection
(4)(a) of this paragraph.
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Sec. 98-190. - Pretreatment Charges and Fees; Surcharges
(a) The City may adopt reasonable fees for reimbursement of costs of
setting up and operating the City's pretreatment program, which
may include:
(1) Fees for wastewater discharge permit applications including the
cost of processing the applications;
(2) Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing a user's discharge,
and reviewing monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge
procedures and construction;
(4) Fees for filing appeals;
(5) Recovery of administrative and legal costs associated with
enforcement activity taken by the Director to address industrial
user noncompliance.
(6) Other fees as the City may deem necessary to carry out the
requirements contained herein. These fees relate solely to the
matters covered by this article and are separate from all other
fees, fines, and penalties chargeable by the City;
(7) Fees for treating abnormal strength wastes; and
(8) Fees incurred from an upset, bypass, or unauthorized
discharge.
(b) Surcharge
The City may surcharge industrial users for the treatment of
abnormal strength wastes. Water or wastes having (1) a five-day
biochemical oxygen demand greater than two hundred fifty (250)
parts per million (ppm) by weight, or (2) containing more than two
hundred fifty (250) parts per million by weight of total suspended
solids, shall be subject to the review and approval of the Director.
Where the Director has approved the admission of (1) and/or (2)
above into the POTW, that discharge may be subject to a surcharge
as determined by the Director. In no case shall a discharge be
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accepted that will prevent the POTW from meeting its NPDES or
TPDES limits.
(1) The surcharge will be assessed according to the following
formula each month using the most current pollutant
concentration data and the current month's wastewater flow:
Surcharge = _ Q x [a(BOD—x)+ b (TSS — y)][8.34]_ 1,000,000
Where:
Q = flow in gallons
8.34 = weight in pounds of one gallon of water
x = normal limits of BOD in domestic wastewater expressed in
milligrams per liter
y = normal limits of TSS in domestic wastewater expressed in
milligrams per liter
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
(2) A surcharge is an additional charge by the POTW for the
increased cost of handling discharge of unusual strength and
character and shall not serve as a variance to the requirements
of this article. Exercise of this provision shall not be a bar to, or
a prerequisite for, taking any other action against the user.
Sec. 98-191. - Severability
If any provision of this article is invalidated, by any court of competent
jurisdiction, the remaining provisions shall not be affected and shall
continue in full force and effect.
Sec. 98-192. - Penalty
(a) Civil Penalties
(1) A user who has violated, or continues to violate, any provision
of this article, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement,
shall be liable to the City for a maximum civil penalty of One
Thousand Dollars ($1,000) per violation, per day. In the case
of a monthly or other long-term average discharge limit,
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penalties shall accrue for each day during the period of the
violation.
(2) The Director may recover reasonable attorneys' fees, court
costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the
cost of any actual damages incurred by the City.
(3) In determining the amount of civil liability, the Court shall take
into account all relevant circumstances, including, but not
limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit
gained through the user's violation, corrective actions by the
user, the compliance history of the user, and any other factor
as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(b) Criminal Prosecution
(1) A user who violates intentionally, knowingly, recklessly, or
negligently any provision of this article, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a
misdemeanor, punishable by a fine of not more than Two
Thousand Dollars ($2,000) per violation, per day.
(2) A user who intentionally, knowingly, recklessly, or negligently
introduces any substance into the POTW which causes personal
injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to the same penalties described
in section 98-192 (b)(1) of this article. This penalty shall be in
addition to any other cause of action for personal injury or
property damage available under State law.
(3) A user who makes any false statements, representations, or
certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to
this article, wastewater discharge permit, or order issued
hereunder, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this
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chapter shall, upon conviction, be subject to the same penalties
described in division section 98-192 (b)(1) of this article.
(4) CRIMINAL RESPONSIBILITY. A person is criminally responsible
for a violation of this article if that person intentionally,
knowingly, recklessly, or negligently:
a. Commits or assists in the commission of a violation, or
causes or permits another person to commit a violation,
of this article; or
b. Owns or manages the property or facilities determined to
be the cause of the illegal discharge under sections 98-
135, 98-136, 98-137, 98-146, or 98-149.
Sec. 3. THAT Ordinance 0-03-1993 is hereby repealed in its entirety,
except that such repeal shall not affect, limit or excuse the
violation or enforcement of a violation of Ordinance 0-24-
2299 arising prior to the effective date hereof.
THAT this ordinance shall be cumulative of all provisions of
the ordinances of the City of Colleyville, Texas, except where
the provisions of this ordinance are in direct conflict with the
provisions of such, in which event the conflicting provisions of
such ordinances or articles are hereby repealed.
Sec. 4. THAT it is hereby declared to be the intention of the City
Council that the phrases, clauses, sentences, paragraphs and
sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall
be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section. It is not the
intention of this ordinance to conflict in any way with the
Plumbing License Law of Texas.
Sec. 5. THAT any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
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fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning, fire safety or public health and
sanitation, including dumping or refuse, and shall be fined not
more than Five Hundred Dollars ($500.00) for all other
violations of this ordinance. Each day that a violation is
permitted to exist shall constitute a separate offense.
Sec. 6. THAT all rights and remedies of the City of Colleyville are
expressly saved as to any and all violations of the provisions
of any ordinances affecting the installation and maintenance
of systems which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final
disposition by the courts.
Sec. 7. THAT this ordinance shall take effect immediately from and
after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of
October 2024.
The second reading and public hearing being conducted on the 15th day of
October 2024.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF
OCTOBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tern Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
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ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney